- EFCC vows to appeal judgment
Davidson Iriekpen in Lagos and Kingsley Nwezeh in Abuja
The Federal High Court in Lagos thursday discharged and acquitted a former Senior Special Adviser to ex-President Goodluck Jonathan on Domestic Affairs, Waripamo-Owei Dudafa, and a banker, Joseph Iwuejo, who were charged with N1.6 billion fraud.
But in a swift reaction, the Economic and Financial Crimes Commission (EFCC) has vowed to appeal the judgment.
In a 190-page judgment, Justice Mohammed Idris held that the court found it difficult to convict the ex-presidential aide and the banker because the EFCC failed to prove the charges against them beyond reasonable doubts.
He said the anti-graft agency’s case was “based on suspicions” but that suspicions “cannot take the place of legal evidence.”
The judge also observed that the EFCC failed to call vital witnesses, including Jonathan, one Somprei Omeibi, the Central Bank of Nigeria (CBN) Governor and ex-National Security Adviser, Col. Sambo Dasuki (rtd), who were essential to the proving of the case.
He noted that a particular vital witness, Omeibi, who could have linked the defendants to the offences, was not summoned to testify.
“Why did the prosecution fail to call Sompre Omiebi to testify?” the judge wondered.
While acknowledging that money laundering was difficult to prove, Justice Idris submitted that the prosecution tried its best to prove the case, but did not measure up to the expected minimum requirement to secure a conviction.
The court also dismissed the EFCC’s claim that the bags delivered by Dudafa to Jonathan contained dollars. It held that there was no proof for that.
“How did the prosecution know that the bags contained dollars?” the judge wondered.
Mohammed indicted the prosecution, saying they failed to carry out proper investigation.
He consequently dismissed the entire 22 counts against Dudafa and Iwuejo, discharged and acquitted them.
The defendants who had been standing trial since 2016, were arraigned on a 22-count charge bordering on money laundering, conspiracy and concealment to the tune of N1.6billion.
The defendants allegedly conspired and laundered the fund through the accounts of A.B. Wise Resources Limited, Seagate Property Development and Investment Limited, Avalon Global Property Development Company Limited, Rotato Interlink Service Limited, Pluto Property and Services Limited and De-jakes fast food and Restaurant Limited.
They pleaded not guilty to the charge preferred against them, thereby leading to their trial.
Responding yesterday, the EFCC said yesterday it would appeal the judgment.
The commission said in a statement that it was studying the details of the judgment and would approach the Appeal Court for a review.
